New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter F - Private Schools
Part 125 - Voluntary Registration Of Nonpublic Nursery Schools And Kindergartens
Section 125.3 - Fire and safety regulations

(1) Furnaces shall be enclosed in rooms of fire resistant construction, including walls, ceiling, door frames and self-closing door of at least one hour rating. No flammable materials shall be stored in the furnace room.

(2) Direct-fired or electric space heaters shall not be used in rooms used by children.

(3) All flammable materials and any items that may be harmful to children shall be kept in locked cabinets.

(1) Each floor used by children shall have two means of exit remote from each other, immediately accessible from all rooms.

(2) In schools with three or more classrooms, all outside exit doors shall open outward and shall be lockable from the outside only.

(3) All stairs used by children shall be constructed of fire-resistive material or finished with fire retardant materials or coatings, shall be in good repair, and equipped with hand rails of suitable height and circumference for young children.

(4) There shall be no storage of flammable materials under stairs.

(5) Fire escapes shall be of stair-step construction and approaches to them shall be in good repair, readily accessible and free of obstructions.

(1) Fire detection, fire alarm and fire fighting equipment, including an adequate number of fire extinguishers, appropriate to the type of building and occupancy, shall be provided. Fire protection equipment throughout unsupervised spaces within the building, including storerooms, boiler rooms and exit ways shall include an automatic fire detection alarm system of the heat or smoke sensing type or automatic sprinkler system.

(2) All fire detection, fire alarm and fire fighting equipment shall be tested once a month and maintained in good working condition. Staff shall be instructed in their functioning and operation.

(1) A written plan shall be developed for immediate evacuation of all children from premises in case of fire and for a subsequent roll call. All staff shall be trained as to their responsibilities in an emergency.

(2) Fire drills shall be held in accordance with the provisions of section 807 of the Education Law and in no event less than once each month. A record of these drills shall be maintained.

(3) The school shall be equipped with a telephone for use in an emergency. The telephone number of the fire department affording protection shall be conspicuously posted at the telephone.

(1) The school shall maintain up-to-date copies or photostats of fire and health permits, certificate of occupancy and a zoning permit when required by a zoning ordinance of the community in which the school is located. If the school is located in New York City, a current copy of its day care permit shall be maintained on file at the school in lieu of the other reports required by this paragraph.

(2) Registered schools shall file copies of an annual fire inspection report to the New York State Division of Fire Safety, Office of Local Government, 155 Washington Avenue, Albany, New York 12210, by December 1 on forms provided by that office, as required by Education Law, section 807-a. E ach registered school shall maintain on file at the school a copy of its annual fire inspection report.

(3) Schools in cities where the population is 125,000 or more according to the last census shall also file reports as indicated in subdivision (f) (2) above.

(1) Safeguards shall be provided to protect children against injury on account of low windows, exposed pipes, hatchways and window wells.

(2) Peeling or damaged paint or plaster shall be repaired.

(3) Paint containing lead shall not be used on walls, window sills, beds, toys or any equipment accessible to children.

(4) A first-aid kit shall be provided. It shall be kept in a clean container, out of reach of young children.

(5) Adequate protection against insects shall be maintained.

(6) Windows and doors shall be openable and equipped with safety devices. Effective means of eliminating insects shall be provided.

(7) Appropriate telephone numbers and instructions for obtaining police and medical assistance shall be posted near the telephone.

(8) Any pet or animal on the premises indoors and outdoors shall be in good health, properly cared for and suitable for young children.

(1) All vehicles used for the transportation of children to and from school must conform to the Public Service Law, section 61, subdivision 14.

(2) Safety procedures concerning the arrival and departure of children must be acceptable to the department.